Q&As

Section 252 of the Companies Act 2006 (CA 2006) defines the persons who are ‘connected’ with a director of a company under CA 2006, Pt 10, but CA 2006, s 252(2)(c) excludes a person acting in his capacity as trustee of a trust for the purposes of a pension scheme. Does ‘pension scheme’ include personal as well as occupational pension schemes?

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Published on LexisPSL on 05/04/2019

The following Pensions Q&A provides comprehensive and up to date legal information covering:

  • Section 252 of the Companies Act 2006 (CA 2006) defines the persons who are ‘connected’ with a director of a company under CA 2006, Pt 10, but CA 2006, s 252(2)(c) excludes a person acting in his capacity as trustee of a trust for the purposes of a pension scheme. Does ‘pension scheme’ include personal as well as occupational pension schemes?

Section 252 of the Companies Act 2006 (CA 2006) defines the persons who are ‘connected’ with a director of a company under CA 2006, Pt 10, but CA 2006, s 252(2)(c) excludes a person acting in his capacity as trustee of a trust for the purposes of a pension scheme. Does ‘pension scheme’ include personal as well as occupational pension schemes?

Section 252(2)(c) of the Companies Act 2006 (CA 2006) provides that a person is ‘connected’ with a director of a company if they are:

‘a person acting in his capacity as trustee of a trust:

(i) the beneficiaries of which include the director or a person who by virtue of paragraph (a) or (b) is connected with him, or

(ii) the terms of which confer a power on the trustees that may be exercised for the benefit of the director or any such person,

other than a trust for the purposes of an employees' share scheme or a pension scheme.’

‘Pension scheme’ is not defined for the purposes of CA 2006, s 252(2)(c). However, the comments of Justice Andrews DBE in the High

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